TERMS AND CONDITIONS

PLEASE READ THE TERMS & CONDITIONS BEFORE PLACING AN ORDER

1 DEFINITIONS AND INTERPRETATIONS

1.1 In these terms and conditions:

Reference to „I“ and „me“ is a reference to Artemis Design
Reference to “you” is a reference to the purchaser of the Goods from me.
“Contract” means the contract between me for the sale and purchase of the Goods which incorporates these Terms & Conditions.
“Goods” means the items purchased by you from me.
“Terms” means these terms and conditions.

1.2 These Terms are the only terms and conditions on which I contract for the sale of Goods and they form an integral part of the Contract between us.

2 PRICE

2.1 The cost of packaging and postage/carriage is shown separately and is payable separately from the price of the Goods.
2.2 All published prices are subject to change at any time without notice.

3 ORDERING GOODS ONLINE

3.1 You warrant to me that all information that you are required to provide when ordering Goods online is accurate and complete in all respects at the time of the order and that this information relates to you/the person placing the order and not to any third party.
3.2 When an order is made online, the order confirmation issued by the company clearing the credit/debit card payment does not constitute acceptance of your order by me. I reserve the right to check any discrepancies and an order will only be confirmed when it is verified by me.
3.3 Any error in any ordering process due to technical or other reasons beyond our control entitles me not to treat the order as being binding on me.

4 PRIVACY

If you place an order, you will have to provide personal information to me. I will not disclose that information to any third party without your consent, except for the purpose of processing the order and arranging delivery. I do not store my customer’s financial details.

5 PAYMENT

5.1 All payment for Goods and for the cost of packaging and delivery must be made before the Goods are delivered.
5.2 Payment online will be made by credit card or Paypal.

6 DELIVERY

6.1 I will give you an estimated delivery date for the Goods but no times or dates provided by me are guaranteed.
6.2 I will arrange for packing and I will decide on the method of delivery either by post, courier or otherwise.
6.3 You must notify me promptly, and in any event within 48 hours of receipt of any Goods, if they appear to be damaged in transit. In those circumstances, you must also keep all packaging as this may be required when making a claim. Please be aware that I can only replace any damaged item for the same product in the same colour and style, subject to availability. Where possible, I will offer to repair damaged items.

7 RETURNS

7.1 If you wish to return an item then you should email me at contact@artemis.design.at to notify me of the return within 14 days of receiving the goods. You should make it clear if you require an exchange, credit note or refund for the item.
7.2 Any items returned without prior notice in writing will not be accepted.
7.3 You must take reasonable care of all Goods in your possession and return them to me, appropriately packaged to avoid damage, within 7 days from the cancellation date.
7.4 I will refund the purchase price to you within 30 days of the cancellation notice but I reserve the right to charge any other costs I incur in connection with the return of the Goods.
7.5 In the case of Goods which are made and supplied to your specification or which have been personalised for you, you will not have the right to cancel the Contract.
7.6 Items should be returned in their original packaging to ensure they are adequately protected in transit.
7.7 Items should be returned new, unused, and with all the tags still attached. Returns that are damaged or soiled will not be accepted and may be sent back to the customer.

8 FAULTY GOODS

8.1 Goods are classified as faulty if a manufacturing fault occurs within one month of purchase. Please note that items that are damaged as a result of wear and tear are not considered to be faulty.
8.2 If you would like to exchange a faulty item, please be aware that I can only replace it for the same product in the same colour and style, subject to availability. Where possible, I will offer to repair faulty items.

9 LATE RETURNS

9.1 Goods returned outside of the above timeframes will not accepted and will be returned to the customer.

10 RISK AND OWNERSHIP

10.1 The risk of loss or damage to Goods passes to you upon delivery.
10.2 Ownership in all Goods remains with me until full payment of all amounts due to me have been received from you.
10.3 You will be responsible for the safe custody and insurance of all Goods in your possession.
10.4 You have no right to re-sell any Goods until payment has been received in full by me.

11 WARRANTIES AND LIABILITY

11.1 I warrant to you that the Goods ordered by you will meet the description as shown on my website (or any other description given to you in writing).
11.2 I will not bear any responsibility for any damage which occurs to the Goods after delivery.
11.3 If any defect in any Goods appears within a month of delivery, you must notify me as soon as you become aware of the defect, giving me full details. I will then decide, in consultation with you, whether the defect is my responsibility. If so, I may arrange either to repair the Goods or to replace them with similar Goods. Any defective Goods to be returned to me must be returned at your expense.
11.4 I do not accept any responsibility for any wear and tear, accidental damage or failure by you or by any third party to adhere to any written recommendation provided in relation to the Goods.
11.5 Liability to you for loss or damage under no circumstances must exceed in total the amount you have paid me for those Goods.

12 NOTICES

12.1 If you wish to give me any notice relating to a matter covered by these Terms, whether you telephone me or not, you must confirm that notice in writing. In the case of email notices, these should be sent to contact@artemis-design.at and you must send them so as to return an acknowledgement of receipt. Notice may be sent by post to Artemis Design, Steinbruchweg 2, 5121 Ostermiething, Austria.

13 CUSTOMER DEFAULT

If you:

give me any incorrect personal information, or
fail to make any payment when it is due, or
cancel any payment, or
become insolvent, or
commit any breach of these Terms
then, in any of those events, I have the right to cancel the Contract and recover possession of any Goods that have been supplied for which payment has not been received in full.

14 FORCE MAJEURE

I will not have any liability to you if I am prevented from performing any of my obligations on account of any circumstances beyond my reasonable control which includes, but is not limited to, extreme weather conditions, act of God, terrorism, war, strike or difficulty in obtaining materials. In any of these circumstances I reserve the right to terminate the Contract.

15 GENERAL

15.1 Severance: If any provision in these Terms is held by a court to be unenforceable, that will not affect the remaining provisions of the Terms.
15.2 Entire Agreement: These Terms govern our relationship with you and in accepting them, you confirm that no other arrangement, agreement or representation applies.

16 INTELLECTUAL PROPERTY

The Goods include designs or works of art, created by me as designer or artist and I own the copyright in those works. You have no right to make any copies or adaptations of any such Goods.

17 DISPUTES

17.1 If there is a dispute which we cannot settle by direct negotiation it may be referred to mediation if agreed between us.
17.2 Any dispute between us will be finally determined by the Austrian courts and you agree to submit to the jurisdiction of those courts.

18 PROMOTIONAL CODES

18.1 Only one promotional code can be used at any given time unless otherwise stated.

18.2 Under no circumstances can the value of a discount code be deducted from an order if the code is defective or out of date. No replacement codes will be issued in this case.
18.3 When an order is placed using a promotional code and contains a number of items, the value of the discount is spread over each item.
18.4 Any refund of an item purchased using a promotional code will be reduced by the value of the discount attached to it. The discount will not be refunded.

19 GOVERNING LAW

These Terms and the Contract between us are governed by Austrian law.

**20 CHRISTMAS RETURNS

Orders placed after the 26th November for Christmas gifts can be returned up to 2nd January.